BEG, J. -The appellants Bharosa, Charittar and Shital were charged with offences under Ss. 148, 302/149, 328/149 and 323/149, Penal Code and the learned Judge who tried them together with the acquitted accused persons, Dwarika and Deoraj, took the precaution, very properly, of charging them in the alternative with offences under Ss. 302, 326 and 323, Penal Code - with the aid of S. 34, Penal Code. Charittar appellant was also charged separately under S. 302, Penal Code. The appellants were convicted under S. 304, Part I, Penal Code and Ss. 326 and 323, Penal Code read with S. 34, Penal Code, in each case, and were sentenced to seven years, four years, and six months' R. I. respectively.

2. According to the prosecution case, Shiv Dayal deceased Girdhari and Bijai, who were alleged to be in possession of plot No. 131 of village Usari Khurd, in the district of Azamgarh had obtained a decree on 13-7-1962 from the Court of a Munsif restraining Sobaran and others from interfering with what was held to be the decree-holder's possession over plot No. 131. It is also the prosecution case that 9 days after this decree, on 27-7-1962, Shiv Dayal, Girdhari, Hira, (P.W. 6) and Bijai (P.W